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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person with a cadastral disability of Grade II.
Around 06:52 on April 1, 2014, the Defendant: (a) reported the victim C (n, 22 years of age) entering a toilet located between the train No. 1355 of the Daejeon-Sacheon-si, Busan Macheon-gu, Busan, and the train No. 1355, and entered the toilet; (b) entered the toilet in accordance with the toilet; (c) made it possible for the victim, etc. who seeks to talk with the face of his/her change in the face on two occasions; and (d) committed an indecent act against the victim at one time by his/her son; and (e) reported the victim with his/her fluence, and committed an indecent act against the victim at one time with his/her son.
Summary of Evidence
1. Defendant's legal statement;
1. C’s legal statement;
1. C’s statement of special judicial police officer;
1. Each statement of D and C;
1. Boarding passes;
1. Application of statutes on site and victim photographs;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information
In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order is determined as having special circumstances that need not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.